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Madisonville, KY Code of Ordinances
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§ 156.205 RECOMMENDATION OF COMMISSION FOR ZONING MAP AMENDMENTS.
   (A)   The Planning Commission shall make its recommendation within sixty (60) days of the receipt of the administratively complete proposed amendment and forward its recommendation, in writing, to the City Council. A tie vote shall be subject to further consideration by the Planning Commission for a period not to exceed thirty (30) days, at the end of which, if the tie has not been broken, the application shall be forwarded to the City Council without a recommendation of approval or disapproval. Before recommending that an application for an amendment to the Official Zoning Map be granted, the Planning Commission must find that the map amendment is in agreement with the community’s Comprehensive Plan or, in absence of such a finding, that:
      (1)   The original zoning classification given to the property was inappropriate or improper; or
      (2)   There have been major changes of an economic, physical or social nature within the area involved which were not anticipated in the Comprehensive Plan adopted by the Planning Commission and which have substantially altered the basic character of such area.
   (B)   In accordance with KRS 100.2111, the Planning Commission recommendation relating to the proposed amendment shall become final and the map amendment shall be automatically implemented subject to the provisions of KRS 100.347, all as set forth in the Planning Commission recommendations, unless within twenty-one (21) days after the final action by the Planning Commission:
      (1)   Any aggrieved person files a written request with the Planning Commission that the final decision shall be made by the City Council; or
      (2)   The City Council files a notice with the Planning Commission that the City Council shall decide the map amendment.
(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)
§ 156.206 ACTION BY CITY COUNCIL ON ZONING MAP AMENDMENTS.
   If an aggrieved person or the City Council files a written request that the final decision for a map amendment is to be made by the City Council, the City Council shall have the final decision on the application of the zoning map amendment. The City Council shall make their own findings of fact and conclusions of law by reviewing the record made by the Planning Commission or hold their own trial type hearing giving notice as set forth in KRS Ch. 424, 100.211, and 100.212. Council action must be in accordance with the following:
   (A)   A vote on a zoning change shall be taken in not more than ninety (90) days after the Planning Commission takes its final action upon the proposed amendment.
   (B)   It shall take a majority of the entire City Council to override the recommendation of the Planning Commission and it shall take a majority of the entire City Council to adopt a zoning map amendment whenever the Planning Commission forwards the application to the City Council without a recommendation of approval or disapproval due to a tie vote.
   (C)   Unless a majority of the entire City Council votes to override the Planning Commission’s recommendation, such recommendation shall become final and effective and if a recommendation of approval was made by the Planning Commission, the ordinance of the City Council adopting the zoning map amendment shall be deemed to have passed by operation of law.
(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)
§ 156.207 RECOMMENDATION OF COMMISSION FOR TEXT AMENDMENTS.
   After voting to recommend that an application for amendment to the text of this chapter be granted or denied, the Planning Commission shall forward its recommendation in writing to the city.
(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)
§ 156.208 ACTION BY CITY COUNCIL ON TEXT AMENDMENTS.
   The City Council shall act upon a proposed amendment to the text of this chapter after it has received the written recommendation thereon from the Planning Commission. It shall take the approval by a majority of the City Council to enact a text amendment.
(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)
§ 156.209 ZONING CHANGE RECONSIDERATION.
   A denied map amendment shall not be reconsidered for reclassification to the same zone by the Planning Commission for a period of at least six (6) months.
(Ord. 2003-06, passed 3-3-03; Am. Ord. O-2019-9, passed 6-17-19)
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